The Probate Lawyer Blog

The iconic figure whose name is almost synonymous with Marvel Entertainment — perhaps the biggest name today in cinema — needs help. Stan Lee is the subject of three separate lawsuits that allege he is the victim of fraud and elder abuse. And these court filings may simply be the beginning of a much larger battle over his estate and the right to profit from Stan Lee’s name, image, likeness and more.

Throughout the lawsuits and surrounding controversy, there is one point that is certain. Stan Lee, now age 95, is susceptible to undue influence. His memory is poor – so bad that a detective’s report noted how he would often forget the name of his closest adviser.  He has macular degeneration, leaving him with vision so faulty that he cannot read or drive. On top of that, Lee’s vision is impaired.  Clearly, he cannot manage his affairs without help from others. In fact, he recently used social media to ask for help because his Facebook and Instagram accounts had been hacked.

Reality presents a much different image of Stan Lee than the comedic appearances he continues to make in Marvel blockbusters, including Infinity War, Black Panther and the latest movie, Ant Man & The Wasp.

Princess Abigail Kawananakoa, known to her friends as Kekau, is true Hawaiian royalty. Now, a bitter court battle rages over the questions of whether she is mentally capable of managing her vast fortune and whether she is the victim of physical abuse and financial exploitation.  

Princess Kawananakoa, age 92, is a direct descendant to the throne of the Kingdom of Hawaii.  When the United States annexed Hawaii in 1898, it ended the reign of Queen Lili’uokalani, Kawananakoa's great-grand aunt. As the closest living relative, Kawananakoa is considered to be the heir apparent who would have assumed the throne if the monarchy had been restored.

Kawananakoa was also the beneficiary of a large fortune, thanks to her great-grandfather, James Campbell. Campbell, a 19th-century sugar cane industrialist who made his fortune in Hawaii, died in 1900 with an estate worth $3 million at the time. The Campbell Estate has grown since then, topping out over $2 billion in 2007 when the Estate was converted into corporate holdings. Kawananakoa inherited $250 million, mostly in the form of stock in the James Campbell Corporation. Today, her trust is estimated to be worth $200 million.

This trust fund is at the heart of the dispute, which pits her once-trusted attorney against her long-time domestic partner.  The attorney, James Wright, petitioned the probate court to remove Kawananakoa from controlling her trust. His petition was initially granted by the probate court judge, but now is challenged in court. Wright alleged that Kawananakoa suffered an acute stroke leaving her unable to manage her health, self-care, or financial matters. Wright based his filing on the determination of two physicians.

The death of Gene Wilder saddened Willa Wonka fans across the globe — not to mention fans of  Blazin’ Saddles, Young Frankenstein, and many others.  When his family issued a statement saying that Alzheimer’s disease claimed his life, it served as a valuable lesson.  Alzheimer’s disease is a killer.  As Wilder’s family aptly described it, it’s an “illness-pirate.”  

Gene Wilder is far from the first famous actor to fall victim to Alzheimer’s.  Jimmy Stewart, Peter Falk, Charlton Heston, and Rita Hayworth are just a few others.  And of course the disease has attacked celebrities from many different industries, including Hollywood producers like Aaron Spelling, politicians like Ronald Reagan, singers like Etta James and Glen Campbell, and sports celebrities like basketball coach Pat Summitt and ball manager Sparky Anderson.

Sadly, there is no cure for Alzheimer’s disease.  It always leads to death.  While the official cause-of-death for most celebrities who suffered from the disease is usually listed as another affliction, such as a pneumonia or sepsis, Alzheimer’s disease is the real culprit for millions of Americans, causing the brain to decline until the body succumbs.  Gene Wilder’s bout with it is notable because his family attributed his death entirely to Alzheimer’s disease, whereas in most celebrity deaths it is listed only as a contributing factor, if at all.

As gay, lesbian, and other proponents of same-sex marriages celebrate the United States Supreme Court's landmark ruling in Obergefell v. Hodges, millions of Americans will now be eligible for dramatically different legal rights upon the death or disability of a life partner than were previously possible. 

In fact, in the field of estate planning -- including planning for not only what happens when someone dies but also when someone becomes incapacitated -- the landscape in the LGBT community has just changed.  Gay and lesbian couples now have a level playing field, equal to opposite-sex couples.

The legal implications are far-ranging, from symbolic, to monetary, to life-changing.  In fact, the Supreme Court opinion in Obergefell illustrates this by sharing the stories of three sets of plaintiffs involved in that case.

As owner of the New Orleans Saints and Pelicans, Tom Benson, is used to being in control. He worked his way up from humble beginnings, starting as a used-car salesman, to owner of multiple car dealerships, banks, real estate, and a television station. Of course, Benson is most well-known for owning the NFL’s Saints franchise, which he purchased in 1985. Since then, he has successfully managed the Saints through the lows of Hurricane Katrina to the highs of winning the Superbowl. In 2012, Tom Benson added the NBA’s Hornets (now named the Pelicans) to his stable of businesses. Forbes estimates his net worth to be just shy of $1.9 billion.  

For a man with that much success and business acumen, there can be no doubt that one of the things he would enjoy least is someone suggesting he’d lost his wits. Especially when that someone is his hand-picked protégée and granddaughter, along with his daughter and grandson. And even more so when he is brought into court through a legal proceeding about whether he is competent enough to make even basic decisions about his person or property. Add in the media scrutiny that follows for a man of his stature and it is not surprising that Tom Benson is very unhappy.

The late Riley B. King — better known as blues legend B.B. King — often said that the only woman in his life was his guitar, Lucille.  But that wasn’t exactly true.  King estimated that he had 15 children by 15 different women.  No wonder one of his biggest hits was called, When Love Comes To Town.  

B.B. King took responsibility for his children.  According to CNN, he set up a multimillion dollar education fund for his descendants.  King wrote in his memoir that he assumed responsibility every time a woman came to him and said a child was his, without arguing about whether that was true or not.  One of his daughters, Patty King, said in a previous interview with Rolling Stone that B.B. King was a great dad who had “done well” by his children.

That same daughter is now leading the charge against B.B. King’s business manager of 39 years, LaVerne Toney.  Patty King and half-sister Karen Williams lead a panel of five King children, out of the eleven surviving children, who have made serious accusations of wrongdoing against Toney.  These range from not letting the children see their father before he died, to providing improper medical care, and even poisoning B.B. King.

Blues great B.B. King passed away at age 89 years old Thursday, after suffering from diabetes and other health problems.  He leaves behind an unmatched musical legacy in the Blues genre, along with 11 surviving children and reportedly more than 50 grandchildren.

Sadly, a dark cloud hung over the King family throughout his final days, due to a bitter dispute over the management of his care and money, involving what some claimed to be elder abuse.  The battle pitted his longtime business manager, Laverne Toney, against a handful of his children.

King fathered and adopted a total of 15 children, from several different marriages, but four had previously died.  Three filed a court action in Las Vegas alleging that their famous father was a victim of elder abuse at the hands of Toney. 

Karen Williams, Rita Washington, and Patty King said that Toney was not providing proper medical care to their father, restricted his children and friends from visiting, and that there were large amounts of money missing from King’s bank account.  In fact, the family said it could not account for more than one million dollars.  The three children asked the court to appoint an independent guardian for their father to protect him and his assets.